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Torres Strait Islander Land Act 1991
sec.163EImmediate suspension of member
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### sec.163E Immediate suspension of member
A land trust may, by a resolution of the executive committee of the land trust, suspend a member of a land trust immediately if the executive committee decides—
either—
a ground exists to remove or suspend the member; or
the member is a member of the executive committee and, in performing the member’s functions as a member of the executive committee, is likely to contravene a provision of this Act; and
it is necessary to suspend the member immediately because there is an immediate risk to the proper operation of the land trust or proper dealing with trust property.
If the executive committee decides to immediately suspend the member, it must—
give the member an information notice about the decision; and
ensure a motion proposing disciplinary action be taken against the member is considered at a general meeting of the land trust within 60 days after the information notice is given to the member.
The suspension—
operates immediately the information notice is given to the member; and
continues to operate until the earliest of the following happens—
a motion proposing disciplinary action be taken against the member fails to pass by resolution at a general meeting of the land trust;
60 days have passed since the information notice was given to the member and the member has not been given, under section 163 (3) , a show cause notice for proposed disciplinary action against the member;
a show cause notice for proposed disciplinary action against the member, given to the member under section 163 (3) , is finally dealt with;
60 days have passed since the member was given, under section 163 (3) , a show cause notice for proposed disciplinary action against the member.
In this section—
disciplinary action , against a member of a land trust, means action to remove or suspend the member under this subdivision.
s 163E ins 2013 No. 23 s 219
(sec.163E-ssec.1) A land trust may, by a resolution of the executive committee of the land trust, suspend a member of a land trust immediately if the executive committee decides— either— a ground exists to remove or suspend the member; or the member is a member of the executive committee and, in performing the member’s functions as a member of the executive committee, is likely to contravene a provision of this Act; and it is necessary to suspend the member immediately because there is an immediate risk to the proper operation of the land trust or proper dealing with trust property.
(sec.163E-ssec.2) If the executive committee decides to immediately suspend the member, it must— give the member an information notice about the decision; and ensure a motion proposing disciplinary action be taken against the member is considered at a general meeting of the land trust within 60 days after the information notice is given to the member.
(sec.163E-ssec.3) The suspension— operates immediately the information notice is given to the member; and continues to operate until the earliest of the following happens— a motion proposing disciplinary action be taken against the member fails to pass by resolution at a general meeting of the land trust; 60 days have passed since the information notice was given to the member and the member has not been given, under section 163 (3) , a show cause notice for proposed disciplinary action against the member; a show cause notice for proposed disciplinary action against the member, given to the member under section 163 (3) , is finally dealt with; 60 days have passed since the member was given, under section 163 (3) , a show cause notice for proposed disciplinary action against the member.
(sec.163E-ssec.4) In this section— disciplinary action , against a member of a land trust, means action to remove or suspend the member under this subdivision.
- (a) either— (i) a ground exists to remove or suspend the member; or (ii) the member is a member of the executive committee and, in performing the member’s functions as a member of the executive committee, is likely to contravene a provision of this Act; and
- (i) a ground exists to remove or suspend the member; or
- (ii) the member is a member of the executive committee and, in performing the member’s functions as a member of the executive committee, is likely to contravene a provision of this Act; and
- (b) it is necessary to suspend the member immediately because there is an immediate risk to the proper operation of the land trust or proper dealing with trust property.
- (i) a ground exists to remove or suspend the member; or
- (ii) the member is a member of the executive committee and, in performing the member’s functions as a member of the executive committee, is likely to contravene a provision of this Act; and
- (a) give the member an information notice about the decision; and
- (b) ensure a motion proposing disciplinary action be taken against the member is considered at a general meeting of the land trust within 60 days after the information notice is given to the member.
- (a) operates immediately the information notice is given to the member; and
- (b) continues to operate until the earliest of the following happens— (i) a motion proposing disciplinary action be taken against the member fails to pass by resolution at a general meeting of the land trust; (ii) 60 days have passed since the information notice was given to the member and the member has not been given, under section 163 (3) , a show cause notice for proposed disciplinary action against the member; (iii) a show cause notice for proposed disciplinary action against the member, given to the member under section 163 (3) , is finally dealt with; (iv) 60 days have passed since the member was given, under section 163 (3) , a show cause notice for proposed disciplinary action against the member.
- (i) a motion proposing disciplinary action be taken against the member fails to pass by resolution at a general meeting of the land trust;
- (ii) 60 days have passed since the information notice was given to the member and the member has not been given, under section 163 (3) , a show cause notice for proposed disciplinary action against the member;
- (iii) a show cause notice for proposed disciplinary action against the member, given to the member under section 163 (3) , is finally dealt with;
- (iv) 60 days have passed since the member was given, under section 163 (3) , a show cause notice for proposed disciplinary action against the member.
- (i) a motion proposing disciplinary action be taken against the member fails to pass by resolution at a general meeting of the land trust;
- (ii) 60 days have passed since the information notice was given to the member and the member has not been given, under section 163 (3) , a show cause notice for proposed disciplinary action against the member;
- (iii) a show cause notice for proposed disciplinary action against the member, given to the member under section 163 (3) , is finally dealt with;
- (iv) 60 days have passed since the member was given, under section 163 (3) , a show cause notice for proposed disciplinary action against the member.